# C_2019103EN.01005701.xml

| 18.3.2019 | EN | Official Journal of the European Union | C 103/57 |
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18.3.2019

EN

Official Journal of the European Union

C 103/57

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Action brought on 29 January 2019 — Laboratorios Ern v EUIPO — SBS Bilimsel Bio Çözümler Sanayi Ve Ticaret (apiheal)

(Case T-51/19)

(2019/C 103/73)

Language in which the application was lodged: Spanish

Parties

Applicant: Laboratorios Ern, SA (Barcelona, Spain) (represented by: S. Correa Rodríguez, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: SBS Bilimsel Bio Çözümler Sanayi Ve Ticaret AŞ (Istanbul, Turkey)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for EU figurative mark apiheal — Application for registration No 14 411 557

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 November 2018 in Case R 1725/2017-4

Form of order sought

The applicant claims that the Court should:

| — | Annul the contested decision in so far as concerns the partial granting of the application for the following goods: ‘perfumery; cosmetics; fragrances; deodorants for personal use and animals; soaps; bath herbs, not for medical purposes; dental care preparations, dentifrices, denture polishes, tooth whitening preparations, mouth washes, not for medical use’ in Class 3 and ‘preparations for destroying vermin; fungicides, herbicides’ in Class 5. |
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Annul the contested decision in so far as concerns the partial granting of the application for the following goods: ‘perfumery; cosmetics; fragrances; deodorants for personal use and animals; soaps; bath herbs, not for medical purposes; dental care preparations, dentifrices, denture polishes, tooth whitening preparations, mouth washes, not for medical use’ in Class 3 and ‘preparations for destroying vermin; fungicides, herbicides’ in Class 5.

| — | Refuse EU trade mark application No 14 411 557 apiheal with regard to the aforementioned ‘perfumery; cosmetics; fragrances; deodorants for personal use and animals; soaps; bath herbs, not for medical purposes; dental care preparations, dentifrices, denture polishes, tooth whitening preparations, mouth washes, not for medical use’ in Class 3 and ‘preparations for destroying vermin; fungicides, herbicides’ in Class 5. |
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Refuse EU trade mark application No 14 411 557 apiheal with regard to the aforementioned ‘perfumery; cosmetics; fragrances; deodorants for personal use and animals; soaps; bath herbs, not for medical purposes; dental care preparations, dentifrices, denture polishes, tooth whitening preparations, mouth washes, not for medical use’ in Class 3 and ‘preparations for destroying vermin; fungicides, herbicides’ in Class 5.

| — | Order EUIPO and, if applicable, the intervener to pay the costs. |
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Order EUIPO and, if applicable, the intervener to pay the costs.

Pleas in law

Infringement of Article 8(1)(b) and (5) of Regulation (EU) 2017/1001 of the European Parliament and the Council.

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